Naro Investments Pty Ltd & Ors v Benjamin & Khoury Pty Ltd [2021] NSWSC 262

Naro Investments Pty Ltd & Ors v Benjamin & Khoury Pty Ltd [2021] NSWSC 262

Independent legal advice to the plaintiffs negates grounds for setting aside the settlement deed based on fiduciary duty, undue influence, unconscionable conduct, or economic duress, and a genuine accord and satisfaction means the deed is not a costs agreement prohibited by s 180(4) LPUL. As there is no arguable basis for the plaintiffs’ claims, summary dismissal of the Statement of Claim and summary judgment on the Cross-Claim are granted.

Jurisdiction
Australia
Judgment Date
19 March 2021
Procedural Posture
Civil / Summary Judgment and Strike Out Motion
Outcome
Statement of Claim struck out; summary judgment entered for defendant on Cross-Claim inclusive of interest.
Legal Topics
['summary Judgment' 'strike Out' 'settlement Deed' 'costs Agreement' 'fiduciary Duty' 'undue Influence' 'unconscionable Conduct' 'economic Duress']
['civil Procedure' 'equity'] ['summary Judgment' 'strike Out' 'settlement Deed' 'costs Agreement' 'fiduciary Duty' 'undue Influence' 'unconscionable Conduct' 'economic Duress']

Case Brief

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Procedural Posture

Civil / Summary Judgment and Strike Out Motion

Legal Issues

  1. 1 ["Whether the plaintiffs' Amended Statement of Claim discloses a reasonable cause of action" 'Whether the settlement deed should be set aside for breach of fiduciary duty, undue influence, unconscionable conduct, or economic duress' 'Whether the settlement deed is void as being an unlawful costs agreement under s 180(4) Legal Profession Uniform Law 2014' 'Whether summary judgment should be entered in favour of the solicitors on the cross-claim']

Ratio Decidendi

Independent legal advice to the plaintiffs negates grounds for setting aside the settlement deed based on fiduciary duty, undue influence, unconscionable conduct, or economic duress, and a genuine accord and satisfaction means the deed is not a costs agreement prohibited by s 180(4) LPUL. As there is no arguable basis for the plaintiffs’ claims, summary dismissal of the Statement of Claim and summary judgment on the Cross-Claim are granted.

Court Disposition

Statement of Claim struck out; summary judgment entered for defendant on Cross-Claim inclusive of interest.

Orders

  • ["Dismiss the plaintiffs' Amended Statement of Claim under Uniform Civil Procedure Rules 2005, r 13.4" 'Enter judgment on the Cross-Claim for the cross-claimant against the cross-defendants in the sum of $569,396.33 under UCPR r 13.1' "Plaintiffs/cross-defendants to pay defendant/cross-claimant's costs of the...